Proceedings for involuntary hospitalization by judicial procedure may be commenced by filing a written petition with the probate court of the county where he is present or where he is a resident by any interested person or the superintendent of any public or private mental institution in which he may be. The petition shall be served on the person and his attorney and if he has no attorney then on him and a member of his immediate family.
The petition shall be accompanied by a certificate of a designated examiner stating that he has examined the person and is of the opinion that he is mentally ill and should be hospitalized or a written statement by the petitioner that the person has refused to submit to an examination by a designated examiner. The certificate or the written statement shall state the underlying facts upon which the examiner or petitioner, if the person has refused to submit to an examination, bases his conclusions and not merely the conclusions themselves.
HISTORY: 1962 Code Section 32-959; 1952 Code Sections 32-961, 32-962; 1942 Code Section 6229; 1932 Code Section 6229; Civ. C. '22 Section 5082; Civ. C. '12 Sections 3358, 3359; Civ. C. '02 Sections 2251, 2252; 1894 (21) 825; 1920 (31) 704; 1924 (33) 1081; 1931 (37) 239; 1932 (37) 1471; 1935 (39) 85; 1952 (47) 2042; 1974 (58) 2642; 1977 Act No. 99 Section 6.
Structure South Carolina Code of Laws
Chapter 17 - Care And Commitment Of Mentally Ill Persons
Section 44-17-310. Voluntary admission.
Section 44-17-320. Discharge of voluntary patient by superintendent.
Section 44-17-330. Discharge at request of patient or another person.
Section 44-17-340. Written notice of right to release.
Section 44-17-415. Physical examination report to accompany certification for emergency admission.
Section 44-17-420. Notice of hearing.
Section 44-17-450. Preadmission screening and evaluation in psychiatric emergencies.
Section 44-17-460. Examinations prior to emergency admissions to psychiatric facilities.
Section 44-17-510. Petition for judicial commitment; certificate of designated examiner.
Section 44-17-520. Notice of petition and right to counsel.
Section 44-17-530. Appointment of counsel; examination and record.
Section 44-17-540. Hearing to be held if examiners find mental illness.
Section 44-17-550. Notice of hearing and rights.
Section 44-17-560. Removal of proceedings to another county.
Section 44-17-570. Conduct of hearing.
Section 44-17-580. Hospitalization of person if court finds mental illness and other conditions.
Section 44-17-600. No admission based on order more than thirty days after it has been rendered.
Section 44-17-610. Commitment to private, county, Veterans' Administration, or other hospital.
Section 44-17-630. Right to reexamination; notice.
Section 44-17-640. Admission to agency of the United States; jurisdiction retained.
Section 44-17-810. Release or discharge upon own recognizance.
Section 44-17-860. Unlawful taking of person from mental health facility without permission.
Section 44-17-890. Discharge or leave of absence during judicial proceeding.
Section 44-17-900. Officials not liable for release or discharge of patient.